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LYNN G. v. HUGO

96 N.Y.2d 306 (2001)

752 N.E.2d 250

728 N.Y.S.2d 121

LYNN G. et al., Respondents, v. NORMAN HUGO, M.D., Appellant.

Court of Appeals of the State of New York.

Decided June 7, 2001.

Attorney(s) appearing for the Case

Costello, Shea & Gaffney, L. L. P., New York City (Steven E. Garry, Frederick N. Gaffney and Richard Paul Stone of counsel), for appellant.

Morton Povman, P. C., Forest Hills (Morton Povman of counsel), for respondents.

Vedder, Price, Kaufman & Kammholz, New York City (Jeffrey W. Herrmann, Michael E. Reed, Thomas P. Cimino, Jr., and Timothy J. Carroll of counsel), for American Society of Plastic Surgeons, amicus curiae.

Chief Judge KAYE and Judges SMITH, LEVINE, WESLEY, ROSENBLATT and GRAFFEO concur.

OPINION OF THE COURT

CIPARICK, J.

In this action to recover damages for medical malpractice and lack of informed consent, we are called upon to decide whether a triable issue of fact exists to defeat defendant's motion for summary judgment. We conclude there is not.

As the parties' summary judgment submissions reflect, plaintiff Lynn G. visited defendant Dr. Norman Hugo, a plastic surgeon, approximately 50 times over a six-year period to discuss...

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